Laws and Customs of War on Land

LAWS AND CUSTOMS OF WAR ON LAND
(HAGUE, IV)
Convention signed at The Hague October 18, 1907, with annex of
regulations
Senate advice and consent to ratification March 10,1908
Ratified by the President of the United States February 23, 1909
Proces-verbal of first deposit of ratifications (including that of the United
States) at The Hague dated November 27, 1909
Entered into force January 26,1910
Proclaimed by the President of the United States February 28,1910
Sections II and III of the regulations supplemented by convention of
August 12, 1949/ relative to protection of civilians in time of war,
as between contracting parties to both conventions; chapter II of
the regulations complemented by conventions of July 27, 1929,2
and August 12, 1949,8 relative to treatment of prisoners of war, as
between contracting parties
36 Stat. 2277 ; Treaty Series 539
[TRANSLATION]
IV
CONVENTION RESPECTING THE LAWS AND CUSTOMS OF WAR
ON LAND
His Majesty the German Emperor, King of Prussia; the President of the
United States of America; the President of the Argentine Republic; His
Majesty the Emperor of Austria, King of Bohemia, etc., and Apostolic King
of Hungary; His Majesty the King of the Belgians; the President of the Republic
of Bolivia; the President of the Republic of the United States of
Brazil; His Royal Highness the Prince of Bulgaria; the President of the Republic
of Chile; the President of the Republic of Colombia; the Provisional
Governor of the Republic of Cuba; His Majesty the King of Denmark; the
President of the Dominican Republic; the President of the Republic of Ecuador;
the President of the French Republic; His Majesty the King of the
United Kingdom of Great Britain and Ireland and of the British Dominions
‘6 UST 3516; TIAS 3365.
• TS 846, post, vol. 2.
• 6 UST 3316; TIAS 3364.
631
219-9~5–68—-41
632 MULTILATERAL AGREEMENTS, 1776-1917
Beyond the Seas, Emperor of India; His Majesty the King of the Hellenes;
the President of the Republic of Guatemala; the President of
the Republic of Haiti; His Majesty the King of Italy; His
Majesty the Emperor of Japan; His Royal Highness the Grand Duke
of Luxemburg, Duke of Nassau; the President of the United States of
Mexico; His Royal Highness the Prince of Montenegro; His Majesty the
King of Norway; the President of the Republic of Panama; the President of
the Republic of Paraguay; Her Majesty the Queen of the Netherlands; the
President of the Republic of Peru; His Imperial Majesty the Shah of Persia;
His Majesty the King of Portugal and of the Algarves, etc.; His Majesty the
King of Roumania; His Majesty the Emperor of All the Russias; the President
of the RepubliC of Salvador; His Majesty the King of Servia; His Majesty
the King of Siam; His Majesty the King of Sweden; the Swiss Federal
CounCil; His Majesty the Emperor of the Ottomans; the President of the
Oriental RepubliC of Uruguay; the President of the United States of
Venezuela:
Seeing that, while seeking means to preserve peace and prevent armed
conflicts between nations, it is likewise necessary to bear in mind the case
where the appeal to arms has been brought about by events which their care
was unable ‘to avert;
Animated by the desire to serve, even in this extreme case, the interests of
humanity and the ever progressive needs of civilization; ,
Thinking it important, with this object, to revise the general laws and customs
of war, either with a view to defining them with greater precision or
to confining them within such limits as would mitigate their severity as far as
possible;
Have deemed it necessary to complete and explain in certain particulars
the work of the First Peace Conference,” which, following on the Brussels
Conference of 1874, and inspired by the ideas dictated by a wise and generous
forethought, adopted provisions intended to define and govern the
usages of war on land.
According to the views of the High Contracting Parties, these provisions,
the wording of which has been inspired by the desire to diminish the evils of
war, as far as military requirements permit, are intended to serve as a general
rule of conduct for the belligerents in their mutual relations and in their relations
with the inhapitants. .
It has not, however, been found possible at present to concert Regulations
covering all the circumstances which arise in practice;
On the other hand, the High Contracting Parties clearly do not intend
that unforeseen cases should, in the absence of a written undertaking, be left
to the arbitrary judgment of military commanders.
‘The Fint Peace Conference was held at The Hague May 18-July 29, 1899. See convention
of July 29, 1899, respecting laws and customs of war on land (TS 403), ante,
p.247.
WAR ON LAND-OCTOBER 18, 1907 633
Until a more complete code of the laws of war has been issued, the High
Contracting Parties deem it expedient to declare that, in cases not included
in the Regulations adopted by them, the inhabitants and the belligerents
remain under the protection and the rule of the principles of the law of
nations, as they result from the usages established among civilized peoples,
from the laws of humanity, and the dictates of the public conscience.
They declare that it is in this sense especially that Articles 1 and 2 of the
Regulations adopted must be understood.
The High Contracting Parties, wishing to conclude a fresh Convention
to this effect,have appointed the following as their Plenipotentiaries:
His Majesty the Emperor of Germany, King of Prussia:
His Excellency Baron Marschall von Bieberstein, His Minister of State,
His Ambassador Extraordinary and Plenipotentiary at Constantinople;
Dr. Johannes Kriege, His Envoy on extraordinary mission to the present
Conference, His Privy Counselor of Legation and Jurisconsult to the Imperial
Ministry of Foreign Affairs, Mem:ber ·of the Permanent Court of
Arbitration.
The President of the United States of America:
His Excellency Mr. Joseph H. Choate, Ambassador Extraordinary;
His Excellency Mr. Horace Porter, Ambassador Extraordinary;
His Excellency Mr. Uriah M. Rose, Ambassador Extraordinary;
His Excellency Mr. David Jayne Hill, Envoy Extraordinary and Minister
Plenipotentiary at The Hague;
Rear Admiral Charles S. Sperry, Minister Plenipotentiary;
Brigadier General George B. Davis, Judge Advocate General of the United
States Army, Minister Plenipotentiary;
Mr. William I. Buchanan, Minister Plenipotentiary.
The President of the Argentine Republic:
His Excellency Mr. Roque Saenz Pefia, former Minister of Foreign Affairs,
Envoy Extraordinary and Minister Plenipotentiary of the Republic
at Rome, Member of the Permanent Court of Arbitration;
His Excellency Mr. Luis M. Drago, former Minister of Foreign Affairs
and Worship of the Republic, National Deputy, Member of the Permanent
Court of Arbitration;
His Excellency Mr. Carlos Rodriguez Larreta, former Minister of Foreign
Affairs and Worship of the Republic, Member of the Permanent Court of
Arbitration.
His Majesty the Emperor of Austria, King of Bohemia, etc., and Apostolic
King of Hungary:
His Excellency Mr. Gaetan Merey de Kapos-Mere, His Privy Counselor,
His Ambassador Extraordinary and Plenipotentiary; .
634 MULTILATERAL. AGREEMENTS, 1776-1917
His Excellency Baron Charles de Macchio, His Envoy Extraordinary and
Minister Plenipotentiary at Athens.
His Majesty the King of the Belgians:
His Excellency Mr. Beernaert; His Minister of State, Member of the
Chamber of Representatives, Member of the Institute of France and of
the Royal Academies of Belgium and Roumania, Honor Member of the
Institute. of International Law, Member of the Permanent Court of
Arbitration;
His Excellency Mr. J. van den Heuvel, His Minister of State, former
Minister of Justice;
His Excellency Baron Guillaume, His Envoy Extraordinary and Minister
Plenipotentiary at The Hague, Member of the Royal Academy of Roumania.
The President of the Republic of Bolivia:
His Excellency Mr. Claudio Pinilla, Minister of Foreign Affairs of the
Republic, .Member of the Permanent Court of Arbitration;
His Excellency Mr. Fernando E. Guachalla, Minister Plenipotentiary at
London.
The President of the Republic of the United States of Brazil:
His Excellency Mr. Ruy Barbosa, Ambassador Extraordinary and Plenipotentiary,
Member of the Permanent Court of Arbitration;
His Excellency Mr. Eduardo F. S. dos Santos LisbOa, Envoy Extraordinary
and Minister Plenipotentiary at The Hague.
His Royal Highness the Prince of Bulgaria:
Mr. Vrban Vinaroff, Major General of the General Staff, attached to
His suite;
Mr. Ivan Karandjouloff, Director of Public Prosecution of the Court of
Cassation.
The President of the Republic of Chile:
His Excellency Mr. Domingo Gana, Envoy Extraordinary and Minister
Plenipotentiary of the RepUblic at London;
His Excellency Mr. Augusto Matte, Envoy Extraordinary and Minister
Plenipotentiary of the Republic at Berlin;
His Excellency Mr. Carlos Concha, former Minister of War, former President
of the Chamber of Deputies, former Envoy Extraordinary and Minister
Plenipotentiary at Buenos Aires.
The President of the Republic of Colombia:
General Jorge Holguin;
Mr. Santiago Perez Triana;
His Excellency General Marceliano Vargas, Envoy Extraordinary and
Minister Plenipotentiary of the Republic at Paris.
WAR ON LAND-OCTOBER 18, 1907 635
The Provisional Governor of the Republic of Cuba:
Mr. Antonio Sanchez de Bustamante, Professor of International Law in
the University of Habana, Senator of the Republic;
His Excellency. Mr. Gonzalo de Quesada y Arostegui, Envoy Extraordinary
and Minister Plenipotentiary of the Republic at Washington;
Mr. Manuel Sanguily, former Director of the Institute of Secondary Instruction
of Habana, Senator of the Republic.
His Majesty the King of Denmark:
His Excellency Mr. Constantin Brun, His Chamberlain, His Envoy Extraordinary
and Minister Plenipotentiary at Washington;
Rear Admiral Christian Frederik Scheller;
Mr. Axel Vedel, His Chamberlain, Chief of Division in the Royal Ministry
of Foreign Affairs.
The President of the Dominican Republic:
Mr. Francisco Henriquez y Carvajal, former Secretary of State in the
Ministry of Foreign Affairs of the Republic, Member of the Permanent
Court of Arbitration;
Mr. Apolinar Tejera, Rector of the Professional Institute of the Republic,
Member of the Permanent Court of Arbitration.
The President of the Republic of Ecuador:
His Excellency Mr. Victor Rendon, Envoy Extraordinary and Minister
Plenipotentiary of the Republic at Paris and at Madrid;
Mr. Enrique Dorn y de Alsua, Charge d’Affaires.
The President of the French Republic:
His Excellency Mr. Leon Bourgeois, Ambassador Extraordinary of the
Republic, Senator, former President of the Council of Ministers, former
Minister of Foreign Affairs, Member of the Permanent Court of Arbitration;
Baron d’Estournelles de Constant, Senator, Minister Plenipotentiary of
class I, Member of the Permanent Court of Arbitration;
Mr. Louis Renault, Professor of the Faculty of Law of the University of
Paris, Honorary Minister Plenipotentiary, Jurisconsult of the Ministry of
Foreign Affairs, Member of the Institute of France, Member of the Permanent
Court of Arbitration;
His Excellency Mr. Marcellin Pellet, Envoy Extraordinary and Minister
Plenipotentiary of the French Republic at The Hague.
His Majesty the King of the United Kingdom of Great Britain and Ireland
and of the British Dominions Beyond the Seas, Emperor of India:
His Excellency the Right Honorable Sir Edward Fry, G.C.B., Member of
the Privy Council, His Ambassador Extraordinary, Member of the Permanent
Court of Arbitration;
636 MULTILATERAL AGREEMENTS, 1776-1917
His Excellency the Right Honorable Sir Ernest Mason Satow, G.C.M.G.,
Member of the Privy Council, Member of the Permanent Court of Arbitration;
His Excellency the Right Honorable Donald James Mackay Baron Reay,
G.C.S.L, G.C.I.E., Member of the Privy Council, former President of the
Institute of International Law;
His Excellency Sir Henry Howard, K.C.M.G., C.B., His Envoy
Extraordinary and Minister Plenipotentiary at The Hague.
His Majesty the King of the Hellenes:
His Excellency Mr. Cleon Rizo Rangabe, His Envoy.Extraordinary and
Minister Plenipqtentiary at Berlin;
Mr. Georges Streit, Professor of International Law in the University of
Athens, Member of the Permanent Court of Arbitration.
The President of the Republic of Guatemala:
Mr. Jose Tible Machado, Charge d’Affaires of the Republic at The Hague
and at London, Member of the Permanent Court of Arbitration; .
Mr. Enrique Gomez Carillo, Charge d’Affaires of the Republic at Berlin.
The President of the Republic of Haiti:
His Excellency Mr. Jean Joseph DalbCmar, Envoy Extraordinary and
Minister Plenipotentiary of the Republic at Paris; .
His Excellency Mr. J. N. Leger, Envoy Extraordinary and Minister Plenipotentiary
of the Republic at Washington; .
Mr. Pierre Hudicourt, former Professor of Public International Law, Attorney
at Law at Port, au Prince.
His Majesty the King of Italy:
His Excellency Count Joseph Tornielli Brusati di Vergano, Senator of the
Kingdom, Ambassador of His Majesty the King at Paris, Member of the
Permanent Court of Arbitration, President of the Italian Delegation;
His Excellency Commendatore Guido Pompilj, Deputy to the Parliament,
Under Secretary of State in the Royal Ministry of Foreign Affairs;
Commendatore Guido Fusinato, Counselor of State, Deputy to the Parliament,
former Minister of Education.
His Majesty the Emperor of Japan:
His Excellency Mr. Keiroku Tsudzuki, His Ambassador Extraordinary
and Plenipotentiary; .
His Excellency Mr. Aimaro Sato, His Envoy Extraordinary and Minister
Plenipotentiary at The Hague.
His Royal Highness the Grand Duke of Luxemburg, Duke of Nassau:
His Excellency Mr. Eyschen, His Minister of State, President of the Grand
Ducal Government;
Count de Villers, Charge d’Affaires of the Grand Duchy at Berlin.
WAR ON LAND-OCTOBER 18, 1907 637
The President of the United Mexican States:
His Excellency Mr. Gonzalo A. Esteva, Envoy Extraordinary and Minister
Plenipotentiary of the Republic at Rome;
His Excellency Mr. Sebastian B. de Mier, Envoy Extraordinary and Minister
Plenipotentiary of the Republic at Paris;
His Excellency Mr. Francisco L. de la Barra, Envoy Extraordinary and
Minister Plenipotentiary of the Republic at Brussels and at The Hague.
His Royal Highness the Prince of Montenegro:
His Excellency Mr. Nelidow, now Imperial Privy Counselor, Ambassador
of His Majesty the Emperor of All the Russias at Paris;
His Excellency Mr. de Martens, Imperial Privy Counselor, Permanent
Member of the Council of the Imperial Ministry of Foreign Affairs of
Russia; .
His Excellency Mr. Tcharykow, now Imperial Counselor of State, Envoy
Extraordinary and Minister Plenipotentiary of His Majesty the Emperor
of All the Russias at The Hague.
His Majesty the King of Norway:
His Excellency Mr. Francis Hagerup, former President of the Council,
former Professor of Law, His Envoy Extraordinary and Minister Plenipotentiary
at The Hague and at Copenhagen, Member of the Permanent
Court of Arbitration.
The President of the Republic of Panama:
Mr. Belisario Porras.
The President of the Republic of Paraguay:
His Excellency Mr. Eusebio Machain, Envoy Extraordinary and Minister
Plenipotentiary of the Republic at Paris;
Count G. du Monceau de Bergendal, Consul of the Republic at Brussels.
Her Majesty the Queen of the Netherlands:
Mr. W. H. de Beaufort, Her former Minister of Foreign Affairs, Member
of the Second Chamber of the States-General;
His Excellency Mr. T. M. C. Asser, Her Minister of State, Member of
the Council of State, Member of the Permanent Court of Arbitration;
His Excellency Jonkheer J. C. C. den Beer Poortugael, Lieutenant General
Retired, former Minister of War, Member of the Council of State;
His Excellency Jonkheer J. A. Roell, Her Aide-de-Camp on Special Service,
Vice Admiral Retired, former Minister of the Navy;
Mr. J. A. Loeff, Her former Minister of Justice, Member of the Second
Chamber of the States-General.
The President of the Republic of Peru:
His Excellency Mr. Carlos G. Candamo, Envoy Extraordinary and
Minister Plenipotentiary of the Republic at Paris and at London, Member
of the Permanent Court of Arbitration.
638 MULTILATERAL AGREEMENTS, 1776-1917
His Imperial Majesty the Shah of Persia:
His Excellency Samad Khan Momtazos Saltaneh, His Envoy Extraordinary
and Minister Plenipotentiary at Paris, Member of the Permanent Court
of Arbitration;
His Excellency Mirza Ahmed Khan Sadigh VI Mulk, His Envoy Extraordinary
and Minister Plenipotentiary at The Hague.
His Majesty the King of Portugal and of the Algarves, etc.
His Excellency the Marquis de Soveral, His Counselor of State, Peer of
the Kingdom, former Minister of Foreign Affairs, His Envoy Extraordinary
and Minister Plenipotentiary at London, HiS Ambassador Extraordinary and
Plenipotentiary;
His Excellency Count de SeIir, His Envoy Extraordinary and Minister
Plenipotentiary at The Hague;
His Excellency Mr. Alberto d’Oliveira, His Envoy Extraordinary and
Minister Ple.nipotentiary at Berne.
His Majesty the King of Roumania:
His Excellency Mr. Alexandre Beldiman, His Envoy Extraordinary and
Minister Plenipotentiary at Berlin;
His Excellency Mr. Edgar Mavrocordato, His Envoy Extraordinary and
Minister Plenipotentiary at The Hague.
His Majesty the Emperor of All the Russias:
His Excellency Mr. Nelidow, His present Privy Counselor, His Ambassador
at Paris;
His Excellency Mr. de Martens, His Privy Counselor, Permanent Member
of the Council of the Imperial Ministry of Foreign Affairs, Member of
the Permanent Court of Arbitration;
His Excellency Mr. Tcharykow, His present Counselor of State, His
Chamberlain, His Envoy Extraordinary and Minister Plenipotentiary at The
Hague.
The President of the Republic of Salvador:
Mr. Pedro I. Matheu, Charge d’Affaires of the Republic at Paris, Member
of the Permanent Court of Arbitration;
Mr. Santiago Perez Triana, Charge d’Affaires of the Republic at London.
His Majesty the King of Servia:
His Excellency General Sava Grouitch, President of the Council of State;
His Excellency Mr. Milovan Milovanovitch, His Envoy Extraordinary and
Minister Plenipotentiary at Rome, Member of the Permanent Court of Arbitration;
His Excellency Mr. Michel Militchevitch, His Envoy Extraordinary and
Minister Plenipotentiary at London and at The Hague.
WAR ON LAND-OCTOBER 18, 1907 639
His Majesty the King of Siam:
Mom Chatidej Udom, Major General;
Mr. C. Corragioni -d’Orelli, His Counselor of Legation;
Luang Bhuvanarth NarUbal, Captain.
His Majesty the King of Sweden, of the Goths and Vandals:
His Excellency Mr. Knut Hjalmar Leonard Hammarskjold, His former
Minister of Justice, His Envoy Extraordinary and Minister Plenipotentiary
at Copenhagen, Member of the Permanent Court of Arbitration;
Mr. Johannes Hellner, His former Minister without portfolio, former Member
of the Supreme Court of Sweden, Member of the Permanent Court of
Arbitration.
The Swiss Federal Council:
His Excellency Mr. Gaston Carlin, Envoy Extraordinary and Minister
Plenipotentiary of the Swiss Confederation at London and at The Hague;
Mr. Eugene Borel, Colonel of the General Staff, Professor in the University
of Geneva;
Mr. Max Huber, Professor of Law in the University of ZUrich.
His Majesty the Emperor of the Ottomans:
His Excellency Turkhan Pasha, His Ambassador Extraordinary, Minister
of the Evkaf;
His Excellency Rechid Bey, His Ambassador at Rome;
His Excellency Mehemmed Pasha, Vice Admiral.
The President of the Oriental Republic of Uruguay:
His Excellency Mr. Jose Batlle y Ordonez, former President of the Republic,
Member of the Permanent Court of Arbitration;
His Excellency, Mr. Juan P. Castro, former President of the Senate, Envoy
Extraordinary and Minister Plenipotentiary of the Republic at Paris, Member
of the Permanent Court of Arbitration.
The President of the United States of Venezuela:
Mr. Jose Gil Fortoul, Charge d’Affaires of the Republic at Berlin.
Who, after having deposited their full powers, found in good and due form,
have agreed upon the following:
ARTICLE 1
The Contracting Powers shall issue instructions to their armed land forces
which shall be in conformity with the Regulations respecting the Laws and
Customs of War on Land, annexed to the present Convention.
219-915–68—-42
640 MULTILATERAL AGREEMENTS, 1776-1917
ARTICLE 2
The provisions contained in the Regulations referred to in Article 1, as
well as in the present Convention, do not apply except between Contracting
Powers, and then only if all the belligerents are parties to the Convention.
ARTICLE 3
A belligerent party which violates the provisions of the said Regulations
shall, if the case demands, be liable to pay compensation. It shall be responsible
for all acts committed by persons forming part of its armed forces.
ARTICLE 4
The present Convention, duly ratified, shall as between the Contracting
Powers, be substituted for the Convention of the 29th July, 1899, respecting
the Laws and Customs of War on Land.
The Convention of 1899 remains in force as between the Powers which
signed it, and which do not also ratify the present Convention.
ARTICLE 5
The present Convention shall be ratified as soon as possible.
The ratifications shall be deposited at The Hague.
The first deposit of ratifications shall be recorded in a proces-verbal signed
by the Representatives of the Powers which take part therein and by the
Netherland Minister for Foreign Affairs.
The subsequent deposits of ratifications shall be made by means of a written
notification, addressed to the Netherland Government and accompanied
by the instrument of ratification.
A duly certified copy of the proces-verbal relative to the first deposit of
ratifications, of the notifications mentioned in the preceding paragraph, as
well as of the instruments of ratification, shall be immediately sent by the
Netherland Government, through the diplomatic channel, to the Powers
invited to the Second Peace Conference, as well as to the other Powers
which have adhered to the Convention. In the cases contemplated in the
preceding paragraph the said· Government shall at the same time inform
them of the date on which it received the notification.
ARTICLE 6
Non-Signatory Powers may adhere to the present Convention.
The Power which desires to adhere notifies in writing its intention to the
Netherland Government, forwarding to it the act of adhesion, which shall
be deposited in the archives of the said Government.
WAR ON LAND-OCTOBER 18, 1907 641
This Government shall at once transmit to all the other Powers a duly
certified copy of the notification as well as of the act of adhesion, mentioning
the date on which it received the notification.
ARTICLE 7
The present Convention shall come into force, in the case of the Powers
which were a party to the first deposit of ratifications, sixty days after the
date of the proces-verbal of this deposit, and, in the case of the Powers
which ratify subsequently or which adhere, sixty days after the notification
of their ratification or of their adhesion has been received by the Netherland
Government.
ARTICLE 8
In the event of one of the Contracting Powers wishing to denounce the
present Convention, the denunciation shall be notified in writing to the
Netherland Govemment, which shall at once communicate a duly certified
copy of the notification to all the other Powers, informing them of the date
on which it was received.
The denunciation shall only have effect in regard to the notifying Power,
and one year after the notification has reached the Netherland Govemment.
ARTICLE 9
A register kept by the Netherland Ministry for Foreign Affairs shall give
the date of the deposit of ratifications made in virtue of Article 5, paragraphs
3 and 4, as well as the date on which the notifications of adhesion
(Article 6, paragraph 2) or of denunciation (Article 8, paragraph 1) were
received.
Each Contracting Power is entitled to have access to this register and to
be supplied with duly certified extracts.
In faith whereof the Plenipotentiaries have appended their signatures to
the present Convention. .
Done at The Hague, the 18th October, 1907, in a single copy, which
shall remain deposited in the archives of the Netherland Government, and
duly certified copies of which shall be sent, through the diplomatic channel,
to the Powers which have been invited to the Second Peace Conference.
1. For Gennany: Under reservation of
Article 44 of the annexed regulations.
MARSCHALL
KRlEOE
2. For the United States of America:
JOSEPH H. CHOATE
HORACE PORTER
U. M. ROSE
DAVID JAYNE HILL
C. S. SPERRY
WILLIAM I. BUCHANAN
3. For Argentina:
ROQUE SAENZ PENA
LUIS M. DRAGO
C. RUEZ LARRETA
642 MULTILATERAL AGREEMENTS, 1776-1917
4. For Austria-Hungary: Under reservation
of the declaration made in
the plenary session of the Conferenceof
August 17, 1907.”
MEREY
BON MACCHIO
5. For Belgium:
A. BEERNAERT
J. VAN DEN HEUVEL
GUILLAUME
6. For Bolivia:
CLAUDIO PINILLA
7. For Brazil:
Ruy BARBOSA
E. LISBOA
8. For Bulgaria:
GENERAL-MAJOR VINAROFF
Iv. KARANDJOULOFP
9. For Chile:’
DOMINGO GANA
AUGUSTO MATTE
CARLOS CONCHA
10. For China:
11. For Colombia:
JORGE HOLQUIN
S. PEREZ. TRIANA
M. VARGAS
12. For the Republic of Cuba:
ANTONIO S. DE BUSTAMANTE
GONZALO DE QUESADA
MANUEL SANGUILY
13. For Denmark:
C. BRUN
14. For the Dominican Republic:
DR. HENRIQUEZ Y CARVAJ AL
ApOLINAR TEJERA
15. For Ecuador:
VICTOR M. REND6N
E. DORN Y DE ALSUA
16. For Spain:
17. For France:
LEON BOURGEOIS
D’EsTOURNELLES DE CONSTANT
L. RENAULT
MARCELLIN PELLET
18. For Great Britain:
EDW. FRY
ERNEST SATOW
REAY
HENRY HOWARD
19. For Greece:
CLEON RIZO RANGABE
GEORGES STREIT
20. For Guatemala:
JosE TIBLE MACHADO
21. For Haiti:
DALBEMAR JN JOSEPH
J. N. LEGER
PIERRE HUDICOURT
22. For Italy:
POMPILJ
G. FUSINATO
23. For Japan: With reservation of Article
44.
AIMARO SATO
24. For Luxemburg:
EYSCHEN
CTE. DE VILLERS
25. For Mexico:
G. A. ESTEVA
S. B. DE MIER
F. L. DE LA BARRA
26. For Montenegro: Under the reservations
formulated as to Article 44
of the regulations annexed to the
present Convention and contained
in the proces-verbal of the fourth
plenary session of August 17, 1907.·
NELIDOW
MARTENS
N. TCHARYKOW
“The declaration of Austria-Hungary reads, in translation, as follows: “The delegation
of Austria-Hungary having accepted the new Article 22a [The proposed art. 22a became
the last paragraph of art. 23.], on condition that Article 44 of the Convention now in
force be maintained as it is, can not consent to the Article 44a proposed by the Second
Commission.”
• The reservations of Montenegro read, in translation, as follows: “The delegation of
Montenegro has the honor to declare that having accepted the new Article 22a, proposed
by the delegation of Germany, in the place of Article 44 of the existing Regulations
of 1899, it makes reservations on the subject of new wording of the said Article 44a.”
WAR ON LAND-OCTOBER 18, 1907 643
27. For Nicaragua:
28. For Norway:
F. HAGERUP
29. For Panama:
B. PORRAS
30. For Paraguay:
G. DU MONCEAU
31. For the Netherlands:
W. H. DE BEAUFORT
T. M. C. ASSER
DEN BEER POORTUGAEL
J. A. ROELL
J. A. LOEFF
32. For Peru:
C. G. CANOAMO
33. For Persia:
MOMTAZOS-SALTANEH M. SAMAD
KHAN
SADIGH UL MULK M. AHMED KHAN
34. For Portugal:
MARQUIS DE SOVERAL
CONDE DE SELIR
ALBERTO D’OLIVEIRA
35. For Roumania:
EDO. MAVROCORDATO
36. For Russia: Under the reservations
formulated as to Article 44 of the
regulations annexed to the present
Convention and contained in the
proces-verbal of the fourth plenary
session of August 17, 1907.7
NELIDOW
MARTENS
N. TCHARYKOW
37. For Salvador:
P. J. MATHEU
S. PEREZ TRIANA
38. For Servia:
S. GROUiTCH
M. G. MILOVANOVITCH
M. G. MILITCHEVITCH
39. For Siam:
MOM CHATIDEJ UOOM
C. CORRAGIONI D’ORELLI
LUANG BHUVANARTH NARUBAL
40. For Sweden:
K. H. L. HAMMARSKJOLD
JOH. HELLNER
41. For Switzerland:
CARLIN
42. For Turkey: Under reservation of
Article 3.
TURKHAN
43. For Uruguay:
JosE BATLLE Y ORDONEZ
44. For Venezuela:
J. GIL FORTOUL
ANNEX TO THE CONVENTION
REGULATIONS RESPECTING THE LAWS AND CUSTOMS OF WAR ON LAND
SECTION I. ON BELLIGERENTS
CHAPTER 1. The Qualifications of Belligerents
ARTICLE 1
The laws, rights, and duties of war apply not only to armies, but also to
militia and volunteer corps-fulfilling the following conditions:
1. To be commanded by a person responsible for his subordinates;
2. To have a fixed distinctive emblem recognizable at a distance;
3. To carry arms openly; and
4. To conduct their operations in aCCOrdance with the laws and customs
of war.
7 The Russian reservations read, in translation, as follows: “The delegation of Russia
has the honor to declare that having accepted the new Article 22a, proposed by the delegation
of Germany, in place of Article 44 of the existing Regulations of 1899, it makes
reservations on the subject of the new wording of the said Article 44a.”
MULTILATERAL AGREEMENTS, 1776-1917
In countries where militia or volunteer corps constitute the anny, or fonn
part of it, they are included under the denomination “anny.”
ARTICLE 2
The inhabitants of a territory which has not been occupied, who, On the
approach of the enemy, spontaneously take up anns to resist the invading
troops without having had time to organize themselves in accordance with
Article 1, shall be regarded as belligerents, if they carry anns openly and if
they respect the laws and customs of war.
ARTICLE 3
The anned forces of the belligerent parties may consist of combatants and
noncombatants. In the case of capture by the enemy, both have a right to be
treated as prisoners of war.
CHAPTER II. Prisoners of War
ARTICLE 4
Prisoners of war are in the power of the hostile Government, but not of
the individuals or corps who capture them.
They must be humanely treated.
All their personal belongings, except anns, horseS, and military papers, remain
their property. .
ARTICLE 5
Prisoners of war may be interned in a toWn, fortress, camp, or other place,
and bound not to go beyond certain fixed limits; but they cannot be confined
except as an indispensable measure of safety and only while the circumstances
which necessitate the measure continue to exist.
ARTICLE 6
The State may utilize the labour of prisoners of war according to their
rank and aptitude, officers excepted. The tasks shall not be excessive and
shall have no connection with the operations of the war.
Prisoners may be authorized to work for the public service, for private
persons, or on their own account.
Work done for the State is paid at the rates in force for work of a similar
kind done by soldiers of the national anny, or, if there are none in force, at a
rate according to the work executed.
When the work is for other branches of the public service or for private
persons the conditions are settled in agreement with the military authorities.
The wages of the prisoners shall go towards improving their position, and
the balance shall be paid them on their release, after deducting the cost of
their maintenance.
WAR ON LAND-OCTOBER 18, 1907 645
ARTICLE 7
The Government into whose hands prisoners of war have fallen is charged
with their maintenance.
In the absence of a special agreement between the belligerents, prisoners
of war shall be treated as regards board, lodging, and clothing on the same
footing as the troops of the Government who captured them.
ARTICLE 8
Prisoners of war shall be subject to the laws, regulations, and orders in
force in the army of the State in whose power they are. Any act of insubordination
justifies the adoption towards them of such measures of severity as
may be considered necessary.
Escaped prisoners who are retaken before being able to rejoin their own
army or before leaving the territory occupied by the army which captured
them are liable to disciplinary punishment.
Prisoners who, after succeeding in escaping, are again taken prisoners, are
not liable to any punishment on account of the previous flight.
ARTICLE 9
Every prisoner of war is bound to give, if he is questioned on the.subject,
his true name and rank, and if he infringes this rule, he is liable to have the
advantages given to prisoners of his class curtailed.
ARTICLE 10
Prisoners of war may be set at liberty on parole if the laws of their country
allow, and, in such cases, they are bound, on their personal honour, scrupulously
to fulfil, both towards their own Government and the Government by
whom they were made prisoners, the engagements they have contracted.
In such cases their own Government is bound neither to require of nor
accept from them any service incompatible with the parole given.
ARTICLE 11
A prisoner of war can not be compelled to accept his liberty on parole;
similarly the hostile Government is not obliged to accede to the request of the
prisoner to be set at liberty on parole.
ARTICLE 12
Prisoners of war liberated on parole and recaptured bearing arms against
, the Government to whom they had pledged their honour, or against the allies
of that Government, forfeit their right to be treated as prisoners or’ war, and
can be brought before the Courts.
646 MULTILATERAL AGREEMENTS, 1776-1917
ARTICLE 13
Individuals who follow an army without directly belonging to it, such as
newspaper correspondents and reporters, sutlers and contractors, who fall
into the enemy’s hands and whom the latter thinks expedient to detain, are
entitled to be treated as prisoners of war, provided they are in possession of
a certificate from the military authorities of the army which they were
accompanying.
ARTICLE 14
An inquiry office for prisoners of war is instituted on the commencement
of hostilities in each of the belligerent States, and, when necessary, in neutral
countries which have received belligerents in their territory. It is the function
of this office to reply to all inquiries about the prisoners. It receives from the
various services concerned full information respecting internments and transfers,
releases on parole, exchanges, escapes, admissions into hospital, deaths,
as well as other information necessary to enable it to make out and keep up
to date an individual return for each prisoner of war. The office must state
in this return the regimental number, name and surname, age, place of
origin, rank, unit, wounds, date and place of capture, internment, wounding,
and death, as well as any observations of a special character. The individual
return shall be sent to the Government of the other belligerent after the conclusion
of peace. .
It is likewise the function of the inquiry office to receive and collect all
objects of personal use, valuables, letters, etc., found on the field of battle
or left by prisoners who have been released on parole, or exchanged, or who
have escaped, or died in hospitals or ambulances, and to forward them to
those concerned.
ARTICLE 15
Relief societies for prisoners of war, which are properly constituted in accordance
with the laws of their country and with the object of serving as the
channel for charitable effort shall receive from the belligerents, for themselves
and their duly accredited agents every facility for the efficient performance
of their humane task within the bounds imposed by military necessities and
administrative regulations. Agents of these societies may be admitted to the
places of internment for the purpose of distributing relief, as also to the haltmg
places of repatriated prisoners, if furnished with a personal permit by
the military authorities, and on giving an undertaking in writing to comply
. with all measures of order and police which the latter may issue.
ARTICLE 16
Inquiry offices enjoy the privilege of free postage. LetterS, money orders,
and valuables, as well as parcels by post, intended for prisoners of war, or
WAR ON LAND-OCTOBER 18, 1907 647
dispatched by them, shall be exempt from all postal duties in the countries
of origin and destination, as well as in the countries they pass through.
Presents and relief in kind for prisoners of war shall be admitted free of all
import or other duties, as well as of payments for carriage by the State railways.
ARTICLE 17
Officers taken prisoner shall receive the same rate of pay as officers of
corresponding rank in the country where they are detained, the amount to
be ultimately refunded by their own Government.
ARTICLE 18
Prisoners of war shall enjoy complete liberty in the exercise of their religion,
including attendance at the services of whatever Church they may belong
to, on the sole condition that they comply with the measures of order and
police issued by the military authorities.
ARTICLE 19
The wills of prisoners of war are received or drawn up in the same way
as for soldiers of the national army.
The same rules shall be observed regarding death certificates as.well as for
the burial of prisoners of war, due regard being paid to their grade and rank.
ARTICLE 20
Mter the conclusion of peace, the repatriation of prisoners of war shall be
carried out as quickly as possible.
CHAPTER III. The Sick and Wounded
ARTICLE 21
The obligations of belligerents with regard to the sick and wounded are
governed by the Geneva Convention.S
SECTION n. HOSTILITIES
CHAPTER I. Means of Injuring the Enemy, Sieges, and Bombardments
ARTICLE 22
The right of belligerents to adopt means of injuring the enemy is not
unlimited.
• See conventions of Aug. 22, 1864 (TS 377), ante, p. 7, and July 6, 1906 (TS 464),
ante, p. 516.
648 MULTILATERAL AGREEMENTS, 1776-1917
ARTICLE 23
In addition to the prohibitions provided by special· Conventions, it is
especially forbidden:
(a) To employ poison or poisoned weapons;
(b) To kill or wound treacherously individuals belonging to the hostile
nation or army;
(c) To kill or wound an enemy who, having laid down his arms, or
having no longer means of defence, has surrendered at discretion;
(d) To declare that no quarter will be given;
(e) To employ arms, projectiles, or material calculated to cause unnecessary
suffering;
(f) To make improper use of a flag of truce, of the national flag, or of
the military insignia and uniform of the enemy, as well as the distinctive
badges of the Geneva Convention;
(g) To destroy or seize the enemy’s property, unless such destruction or
seizure be imperatively demanded by the necessities of war;
(h) To declare abolished, suspended, or inadmissible in a Court of law
the rights and actions of the nationals of the hostile party.
A belligerent is likewise forbidden to compel the nationals of the hostile
party to take part in the operations of war directed against their own country,
even if they were in the belligerent’s service before the commencement
of the war.
ARTICLE 24
Ruses of war and the employment of measures necessary for obtaining
information about the enemy and the country are considered permissible.
ARTICLE 25
The attack or bombardlp.ent, by whatever means, of towns, villages,
dwellings, or buildings which are undefended is prohibited.
ARTICLE 26
The officer in command of an attacking force must, before commencing
a bombardment, except in cases of assault, do all in his power to warn the
authorities.
ARTICLE 27
In sieges and bombardments all necessary steps must be taken to spare,
as far as possible, buildings dedicated to religion, art, science, or charitable
purposes, historic monuments, hospitals, and places where the sick and
wounded are collected, provided they are not being used at the time for
military purposes.
WAR ON LAND-OCTOBER 18, 1907 649
It is the duty of the besieged to indicate the presence of such buildings
or places by distinctive and visible signs, which shall be notified to the enemy
beforehand.
ARTICLE 28
The pillage of a town or place, even when taken by assault, is prohibited.
CHAPTER II. Spies
ARTICLE 29
A person can only be considered a spy when, acting clandestinely or on
false pretences, he obtains or endeavours to obtain information in the zone
of operations of a belligerent, with the intention of communicating it to the
hostile party.
Thus, soldiers not wearing a disguise who have penetrated into the zone
of operations of the hostile army, for the purpose of obtaining information,
are not considered spies. Similarly, the following are not considered spies:
Soldiers and civilians, carrying out their mission openly, intrusted with the
delivery of despatches intended either for their own army or for the enemy’s
army. To this class belong likewise persons sent in balloons for the purpose
of carrying despatches and, generally, of maintaining communications between
the different parts of an army or a territory.
ARTICLE 30
A spy taken in the act shall not be punished without previous trial.
ARTICLE 31
A spy who, after rejoining the army to which he belongs, is subsequently
captured by the enemy, is treated as a prisoner of war, and incurs no responsibility
for his previous acts of espionage.
CHAPTER III. Flags of Truce
ARTICLE 32
A person is regarded as bearing a flag of truce who has been authorized
by one of the belligerents to enter into communication with the other, and
who advances bearing a white flag. He has a right to iIiviolability, as well
as the trumpeter, bugler or drummer, the flag-bearer and interpreter who
may accompany him.
ARTICLE 33
The commander to whom a flag of truce is sent is not in all cases obliged
to receive it.
650 MULTILATERAL AGREEMENTS, 1776-1917
He may take all the necessary steps to prevent the envoy taking advantage
of his mission to obtain information.
In case of abuse, he has the right to detain the envoy temporarily.
ARTICLE 34
The envoy loses his rights of inviolability if it is proved in a clear and incontestable
manner that he has taken advantage of his privileged position
to provoke or commit an act of treachery.
CHAPTER IV. Capitulations
ARTICLE 35
Capitulations agreed upon between the contracting parties must take into
account the rules of military honour.
Once settled, they must be scrupulously observed by both parties.
CHAPTER V. Armistices
ARTICLE 36
An armistice suspends military operations by mutual agreement between
the belligerent parties. If its duration is not defined, the belligerent parties
may resume operations at any time, provided always that the enemy is
warned within the time agreed upon, in accordance with the terms of the
armistice.
ARTICLE 37
An armistice may be general or local. The first suspends the military operations
of the belligerent States everywhere; the second only between certain
fractions of the belligerent armies and within a fixed radius.
ARTICLE 38
An armistice must be notified officially and in good time to the competent
authorities and to the troops. Hostilities are suspended immediately after
the notification, or op the date fixed.
ARTICLE 39
It rests with the contracting parties to settle, in the terms of the armistice,
what communications may beheld in the theatre of war with the inhabitants
and between the inhabitants of one belligerent State and those of the
other.
WAR ON LAND-OCTOBER 18, 1907 651
ARTICLE 40
Any serious violation of the’ armistice by one of the parties gives the other
party the right of denouncing it, and even, in cases of urgency, of recommencing
hostilities immediately.
ARTICLE 41
A violation of the terms of the armistice by private persons acting on their
own initiative only entitles the injured party to demand the punishment
of the offenders or, if necessary, compensation for the losses sustained.
SECTION m. MILITARY AUTHORITY OVER THE TERRITORY
OF THE HOSTILE STATE
ARTICLE 42
Territory is considered occupied when it is actually placed under the
authority of the hostile army.
The occupation extends only to the territory where such authority has
been established and can be exercised.
ARTICLE 43
The authority of the legitimate power having in fact passed into the hands
ofthe occupant, the latter shall take all the measures in his power to restore,
and ensure, as far as possible, public order and safety, while respecting,
unless absolutely prevented, the laws in force in the country.
ARTICLE 44
A belligerent is forbidden to force the inhabitants of territory occupied
by it to furnish information about the army of the other belligerent, or about
its means of defence.
ARTICLE 45
It is forbidden to compel the inhabitants of occupied territory to swear
allegiance to the hostile Power.
ARTICLE 46
Family honour and rights, the lives of persons, and private property, as
well as religious convictions and practice, must be respected.
Private property cannot be confiscated.
ARTICLE 47
Pillage is formally forbidden.
652 MULTILATERAL AGREEMENTS, 1776-1917
ARTICLE 48
If, in the territory occupied, the occupant collects the taxes, dues, and tolls
imposed for the benefit of the State, he shall do so, as far as is possible, in
accordance with the rules of assessment and incidence in force, and shall
in consequence be bound to defray the expenses of the administration of the
occupied territory to the same extent as the legitimate Government was so
bound. .
ARTICLE 49
If, in addition to the taxes mentioned in the above Article, the occupant
levies other mo:qey contributions in the occupied territory, this shall only be
for the needs of the army or of the administration of the territory in question.
ARTICLE 50
No general penalty, pecuniary or otherwise, shall be inflicted upon the
population on account of the acts of individuals for which they cannot be
regarded as jointly and severally responsible.
ARTICLE 51
No contribution shall be collected except under a written order, and on
the responsibility of a Commander-in-chief. .
The collection of the said. contribution shall only be effective as far as
possible in accordance with the rules of assessment and incidence of the
taxes in force.
For every contribution a receipt shall be given to the contributors.
ARTICLE 52
Requisitions in kind and services shall not be demanded frbm municipalities
or inhabitants except for the needs of the army of occupation. They
.shall be in proportion to the resources of the country, and of such a nature
as not to involve the inhabitants in the obligation of taking part in military
operations against their own country.
Such requisitions and services shall only be demanded on the authority of
the commander in the locality occupied.
Contributions in ~d shall as far as possible be paid for in cash; if not, a
receipt shall be given and the payment of the amount due shall be made as
soon as possible.
ARTICLE 53
An army of occupation can only take possession of cash, funds, and realizable
securities which are strictly the property of the State, depots of arms,
means of transport, stores and supplies, and, generally, all movable property
belonging to the State which may be used for military operations.
WAR ON LAND-OCTOBER 18, 1907 653
All appliances, whether on land, at sea, or in the air, adapted for the
transmission of news, or for the transport of persons or things, exclusive of
cases governed by naval law, depots of arms, and, generally, all kinds of
ammunition of war, may be seized, even if they belong to private individuals,
but must be restored and compensation fixed when peace is made.
ARTICLE 54
Submarine cables connecting an occupied territory with a neutral territory
shall not be seized or destroyed except in the case of absolute necessity. They
must likewise be restored and compensation fixed when peace is made.
ARTICLE 55
The occupying State shall be regarded only as administrator and usufructuary
of public buildings, real estate, forests, and agricultural estates belonging
to the hostile State, and situated in the occupied country. It must safeguard
the capital of these properties, and administer them in accordance
with the rules of usufruct.
ARTICLE 56
The property of municipalities, that of institutions dedicated to religion,
charity and education, the arts and sciences, even when State property, shall
be treated as private property.
All seizure of, destruction or wilful damage done to institutions of this
character, historic monuments, works of art and science, is forbidden, and
should be made the subject of legal proceedings.

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